Legal Question in Workers Comp in Virginia

dr. bill on my credit report

section 65.2-601.1 prohibits health care providers from pursuing collection activity during the pendency of a workers cop. claim. the healthcare provider was sent this letter from my lawyer when my case was open. I got a copy of my credit report and there are two bills on there from the same provider, my case is closed now,this negativity has been on my credit report for 5 years in the collections portion. Do i have a new case to sue the healthcare provider???


Asked on 10/30/06, 6:50 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: dr. bill on my credit report

It would not appear that merely reporting the information regarding the unpaid balance on your account to a credit reporting agency would be an activity prohibited to the creditor under the referenced statute. The prohibited activities apparently all relate to enforcement of the debt and no mention is made in the referenced statute that would appear to prevent the creditor from merely reporting the debt to a credit reporting agency.

I would therefore conclude that you have no basis to sue the healthcare provider but that this provider may still be able to pursue you for the unpaid debt since the statute of limitations was tolled (paused)during the pendency of your worker's compensation claim.

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Answered on 10/30/06, 8:13 pm


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